What is it with a minority of Americans (it is a minority, right?) who genuinely believe the American constitution is as perfect and as flawless as they believe the Bible to be, and that everyone outside of its borders desire to live the “American Dream”, if not in America, then a close replica of it elsewhere.
One could be forgiven for thinking these Exceptionalists believed the constitution was conceived by God and that any criticism of it is tantamount to blasphemy and/or heresy. They believe that America is the greatest country on earth, and as a nation can do no wrong. I’ll concede that America is, for the time being, the most powerful country on earth, but as to being the greatest, I think not, and if it ever was, not for a long while.
What reminded me of all this is an opinion piece titled The True Legacy of Ruth Bader Ginsburg. In the article, KrisAnne Hall suggests that Supreme Court Justice Ruth Bader Ginsburg could possibly be a singular point that can cause the destruction of America. Wow! I mean, WOW!
So, you may ask, what is it that makes Justice Ginsburg such a threat to America? Apparently she doesn’t bow down and worship the constitution in a manner that the writer believes is mandatory for all Americans and especially its jurists. Ginsburg stated on Egyptian TV in 2012 that if she were to write a new constitution for Egypt she would not model it on the American one. Oh the sacrilege! Oh the profanity! She actually suggested that it would be better to be aided by all the constitutional writings that have gone on since the end of World War II!
To the Exceptionists, the constitution is perfect and nothing can surpass it, even 200 years later. One could ask if it was perfect in every way, why has it had so many amendments over the years? But seriously, do they really think that in the 200 years since it was so brilliantly drafted, that other intellectuals, academics, and politicians could not come up with something that was as good, if not better? Acknowledging that probability is not to denigrate the American constitution, but simply to acknowledge that others can be just as wise as the American founding fathers were and build on what has been learnt in the past.
The writer questions Justice Ginsburg’s knowledge of the American constitution, but I wonder if the writer should question her own knowledge. She states that nation is founded upon the principles that “All men are created equal and endowed by their Creator with certain inalienable rights, that among these Life, Liberty and the pursuit of Happiness”. That may or may not be true, but it’s not stated in the constitution.
The writer claims the the founding fathers wrote in set a “sunset” for the institution of slavery as evidence that they believed all men were equal. Actually they didn’t. They set in a sunset clause for the importation of slaves. Quite a different matter altogether. The writer also reminds Ginsburg that the Declaration of Independence states “ALL” men are created equal. True, but again that’s not in the original constitution. Even as late as 1896 the Supreme Court ruled that racial segregation was not unconstitutional. And Jim Crow laws were not successfully challenged in the courts until the 1960s.
As well as the sunset clause allowing the slave trade to continue for the time being, the acceptance of slavery can be seen in the Enumeration Clause and the The Fugitive Slave Clause. Did the founding father want an end to the institution of slavery? Some of them certainly did, but once again it’s not explicit in the constitution.
But hey, what do I know. I live in one of less than a handful of nations that do not have a codified constitution, and what laws we do have limiting and regulating the powers of government are most certainly not set in stone, yet we enjoy greater freedoms than Americans. What I won’t find is anyone declaring a jurist unpatriotic (I don’t think Kiwis ever use that term), unfit for office, or a traitor if their opinion of our constitution didn’t agree with theirs.
Hey Exceptionalists, be you American, national, religious, or otherwise, pull your heads out of the sand and look around. You might notice the world passing you by.